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CASTLE v. LEACH CO.

No. 96-CV-0741.

4 F.Supp.2d 128 (1998)

Cathleen CASTLE, as Administratrix of the Estate of David Castle, Plaintiff, v. LEACH COMPANY, Defendant. LEACH COMPANY, Third-Party Plaintiff, v. BENSON BROTHERS DISPOSAL, INC. and United Waste Services, Inc., Third-Party Defendants.

United States District Court, N.D. New York.

May 18, 1998.

Attorney(s) appearing for the Case

Featherstonhaugh, Conway, Wiley & Clyne, LLP, Albany, NY (Denis R. Hurley, of counsel), for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker, White Plains, NY (Wayne I. Rabinowitz, John M. Flannery, Jennifer R. Oxman, of counsel), for Defendant Leach Company.

MEMORANDUM-DECISION & ORDER

MCAVOY, Chief District Judge.

Pending before the Court is plaintiff's motion pursuant to FED. R. CIV. P. 59 to set aside the judgment in the above-captioned action entered April 3, 1998 and to grant a new trial. For the reasons that follow, plaintiff's motion is denied.

BACKGROUND

This products liability and negligence action arose as a result of the death of David Castle while he was attempting to repair...

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